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Rent Leveling Board Ordinance, American Rescue Funds & Police Surveillance Equipment Take Center Stage – 9/26/22 Caucus

By: Carolyn Maxwell
PERTH AMBOY – A can of worms was opened up regarding the 2022 UEZ Road Rehabilitation and Improvement of Hall Avenue, Jefferson Street, and Maple Street.
Councilman Joel Pabon questioned, “What about the repairs for all the different Alleys (Sunshine, etc.)?”

City Engineer Ernest Feist responded via Zoom, “Contracts are getting ready for preconstruction meetings. It will depend on the contractors, the temperature, the weather, and if the Asphalt Plants stay open.”

Pabon continued, “The Sunshine Alley repairs have been discussed for three years. It always gets bypassed, but we still have the time now before the weather is bad.”

Feist responded, “The contracts have been executed.”

Council President Petrick then spoke up and asked about the water filtration (in those alleys).

Feist responded, “They will be regrading after excavating, but we have to move quickly, but with precautions.”

Pabon then questioned, “Will it just have dirt and no milling?”
Feist answered, “It is up to how the contractor handles the work. There will be no excavation, yet.”

There was a lengthy discussion regarding Ordinance No. 2 (first reading) – Appropriating $2,320,000 from the American Rescue Plan Act Fund to provide for the acquisition of equipment for the Perth Amboy Police Department.

Council President William Petrick said he was surprised to see that this amount has gone down by $1 million.

Councilman B.J. Torres spoke up, “We need to have a public presentation regarding these funds. I am against facial recognition equipment, especially when it comes to people of color. This is not transparent, and we need to see what we are getting.”

Pabon spoke up, “I was surprised to have this discussion because I was told in the last meeting that we couldn’t talk about this in the open. So, can we? Or not?”

Law Director Opel responded, “Some of the details had to be discussed in closed session.”

There was also a lengthy discussion regarding acquiring the property known as 158 Smith Street (Fink Park) for public use by the exercise of the power of eminent domain.

Council President Petrick asked, “What would be the estimated cost to the taxpayers?”

Opel responded, “The ordinance has to be adopted so the city can do an appraisal.””

Petrick continued, “It’s on the tax rolls right now, so it can be appraised right now.”

Opel responded, “We already have done research and they (the owners) paid $9,500 of taxes last year.”

Councilman B.J. Torres asked, “Does the owner only want it to be used as a park? We may acquire this property and it will be off the tax records.”

B.A. Greene responded, “The owner of this property can deny us access to use it if they want to.”

Torres continued, “We already have open spaces for city events.”

Greene then reminded everyone that this park is right in the heart of town.

Torres continued, “Beatification was supposed to be at the entrance of the city and how much money has been spent on the park we don’t own? It is like putting the cart before the horse.”

OECD Director Tashi Vazquez joined the conversation via Zoom, “We had a technical assistant grant to study a use for that park. It was inclusive of community input. Rutgers University had suggestions and said this location was good for a pocket park based on our population and its need.”

Petrick spoke up and thought that the area from the Ferry Slip to the County Park would have better use for that grant. People are scared of Kushner, but he would talk to you. This is wasted grant money. Fink Park has been used for many events before with the owner’s permission. We are squandering this money. There are a lot of other city sites that we could have used that technical grant money for.”

Councilwoman Milady Tejeda spoke up, “A lot of people use Fink Park.”

Petrick suggested, “Maybe the BID UEZ can fund Fink Park. We should have a complete plan in place. There are too many black holes and there are a lot of agenda items in the same situation. I would like to table this ordinance (No. 2) regarding Fink Park.”

Vazquez spoke up, “It will have to go before the UEZ and then to the State for them to buy Fink Park.”

Petrick continued, “If it is not in writing, then it is not agreeable. We need to see the UEZ bid.”

B.J. Torres made a motion to table this resolution. Pabon seconded the motion. When they polled the council members to vote to table, the only ones to say “No” were Councilwomen Morales and Tejeda.

Torres ended the conversation, “We need to see what the legal fees would be to look at this property.”
There was also a discussion involving Ordinance No. 5 (First Reading) – Amending Chapter 353, Section 3 of the City Code – Reducing the established Allowable Rent Increase Percentage per Rental Term.
Councilwoman Milady Tejeda spoke first, “We have been waiting for this for a long time to have control over our rent. This is affecting a lot of fixed income citizens and the landlords and tenants will have protection.”

Pabon spoke next, “In the last four months, people have been telling me about their struggles. This issue came to light about two years ago when a new landlord raised the rent of a building that he just bought on New Brunswick Avenue. I have looked at other towns that have raised their rents to 2.5% and then when it was due for another rent increase, they actually lowered the rent increase. Woodbridge is the only one who had a 5% increase in rent. We have good and bad landlords. Some people have their rent raised by $400 in one year. The Rent Leveling Board is looking at registration of rentals.”

Petrick spoke up, “This ordinance will only impact legal landlords and tenants and not people renting rooms and basements illegally. The court can only hear cases of legal rentals which have been going on for decades. Water increases are across the board. Mom and Pop rentals are hurting, especially if they are senior citizens renting out rooms. Code Enforcement and Fire Officials have overlooked these things in the past.”

Council President Petrick voiced concerns over R-470 – Consenting to the appointment of Jane R. Pastor, Esq. as Judge of the Municipal Court of the City of Perth Amboy and waiving the residency requirement.

“Why can’t we find a Perth Amboy resident for this position?”

Greene responded, “This person is currently sitting in the court on a temporary basis now.”

Law Director Opel spoke up and said, “This person has had a law practice for five years and has all the qualifications.”

There were two resolutions that were removed at the meeting: R-475 – involving the Affordability Assistance Policy and Procedures Manual for the City of Perth Amboy. Also, R-476 – involving equipment for the Fire Department using American Rescue Plan Act Funds.

Police Chief Larry Cattano came up to the mic to clarify a statement made by Councilman B.J. Torres regarding Ordinance No. 2 – American Rescue Plan Act Funds for equipment for the police department. “Facial recognition never came up, even when we were discussing this in closed session. Security cameras will be placed for help investigating crime and it will also help in the enforcement of parking permits in help of the automation of parking with some of the equipment that we are requesting.”

Torres then questioned, “Wouldn’t benefit us to have free parking? The UEZ and Parking Utility should foot this bill, and this doesn’t address our need for speed bumps.”

Cattano explained that citizens need to petition if they want speed bumps in the area. “This could be expanded by the UEZ/BID.”

Council President Petrick spoke next, “Community foot patrols will be better than having security cameras all around.”

Tejeda made a comment, “Our community is beautiful, and security is necessary.

Cattano continued, “It is all about catching those who want to do things like stealing and other crimes to help catch them.”

Pabon spoke up, “The bottom line that we should be investing in things that are doing well. We have to show the community what works. I wasn’t sold on the dollar figure. The Water Street residents are the first one who requested speed bumps.”

Cattano then said, “Things have been in place on Water Street and the speeding has decreased.”

Pabon said, “Speeding by the Flynn School has been taking place.”

Cattano responded, “We have cushion speed bumps that are removeable. You can straddle them, and the cushion speed bumps are expensive.”

Petrick said, “There are still complaints coming in from the community.”
Discussions still continued regarding the proposed substation in upper Smith Street.

Petrick stated that the existing substation on Madison Avenue is not always open. “The one on that street came about because someone from the Church on Madison Avenue said there a bullet holes on their property doors.”

Pabon then questioned, “How productive are these substations? Madison Avenue is busy, and people are always double parking on that street. The Gateway Ordinance said there will be police presence.”

Councilwoman Tejeda said, “I would rather keep the substation on Madison Avenue.”

Police Chief Cattano came up, “Madison Avenue has rotated officers during the week and weekends. They take police reports when people walk into that substation, but it is not manned 24/7 and there are cameras inside.”

Councilwoman Rose Morales spoke via Zoom. She said, “I am in favor of the new substation on (497B) Smith Street and how it will benefit the community.”
Cattano said, “It will help with traffic control and law enforcement and anything happening on the Victory Bridge. It is part of the community outreach, and you can do reports. Right now, we have nine auxiliary police officers, and we are doing a recruitment campaign.”

Petrick spoke up and again stated, “We need to have more of a presence, and we need more volunteers for the auxiliary and for the Fire and Police Departments. We have those ranks increased.”

Torres stated, “This will be a traffic nightmare where the new police substation is proposed.”

Cattano clarified, “It will be located in a storefront. We will have parking in a lot across the street.”

Opel then commented, “Those lots will be for public use only, and the lot owners may be entitled to a tax exemption or reduction.”

Councilwoman Rose Morales spoke via Zoom, “It looks like Ordinances 2-4 (First Reading) will work hand-in-hand together.”

Pabon stated, “The proposed new substation is not in a busy location. It should be put downtown, and not here. I move to table Ordinance No. 3 (First Reading).”

B.J. Torres said that he seconded that motion.

The discussion turned back to rental properties. Councilman B.J. Torres stated, “If landlords make major improvements (to their buildings), they can increase the difference over the 5% cap.”

Pabon spoke up, “Everything registered is not sure. Those Mom-and-Pop Rentals have low rents. Illegal Housing units exist because they can’t pay rent and they have to decide whether or not they have to pay rent or pay for food. All some could afford is a basement apartment and out of town landlords don’t care about their apartments.”

Councilwoman Tejeda mentioned that, “Even though taxes have not gone up for two years, there are some who are hardly making it and have to make hard decisions.”

Pabon then stated, “In the ordinance, we have the final say if the increases should be between 2.3%-2.5% increase in rent.”

Petrick stated, “Eventually, we will see tax increases.”

There was a lengthy discussion on R-469 – Giving part of American Rescue Plan Act Funds to the houses of worship in nonprofit city Perth Amboy organizations.

Pabon agreed, “Is it legal and what is the grant and what are the guidelines and how many organizations?”

Petrick also wanted to know what the criteria would be.

B.A. Greene responded, “There are 75 houses of worship, and the grants would be between $2,000 – $10,000. I can allocate the money, but each group would be looked at individually. It could be rental needs, food and security, and churches can distribute it through congregation’s needs. Others getting this money would be PRAHD and the YMCA, and they would get bigger amounts with the council approval and what the money would be used for. Applications would need to be filled out by all.”

Councilman Torres noted, “The guidelines said it can’t be used for religious purposes. We need to see what the money would be used for first. We were put in an awkward position.”

Petrick spoke, “This is a purely political move with a lot of ribbon cutting. We still are going to have problems with our infrastructure. There are multiple legitimate food pantries. My cousin is in charge of one. In the middle of the night, he gets calls from people that need food.”

Greene stated, “Food pantries will be included in this ordinance.”
Petrick continued, “We only have one waterline to supply water. This money would be better used for our water infrastructure. The administration needs to sit down with the council to fix this 75-year problem. We used to have a profit-making water department until stealing started to happen. We had fights with Woodbridge and Carteret as to who will be responsible for repairs of watermains connecting all of us.”

Tejeda spoke up, “Everything has been neglected, including the sewers.”

Petrick continued, “Our water is blended, and we have mandates from the EPA. This things on the agenda are political. There are plenty of food banks to feed the community.”

Pabon spoke up, “This goes back to rent control. We need to talk to our finance department and Opel to see if this resolution is legal.”

CFO Jill Goldy spoke via Zoom, “This money can be given to nonprofits if the guidelines are met. I can’t talk about the houses of worship. Talk to Opel about legal matters.”

Law Director Opel spoke up, “Regarding nonprofits, it could be used for helping reemployment, housing assistance, and food security. If houses of worship have these programs, they can get funds, but the council will have approval.”

Pabon spoke up stating, “Some pastors thought this was a bad idea to give to houses of worship. This makes the mayor look bad, and we still don’t know who is getting money. There may be people who are entitled to this money (some city employees) that are no longer here. Let it be on the record that it is legal under certain criteria that the houses of worship can get some of these funds.”

B.J. Torres had a problem with R-470 – Waving the residency requirement of James R. Pastor as a Judge of Municipal Court.

“In the past, we have waved residency requirements.”

Petrick spoke up addressing Mr. Greene, “You are supposed to live here.”

Greene responded, “I own rental property that I pay taxes on.”

Petrick then asked, “What would be the residency requirement?”

Opel then explained, “There are certain positions that residency is not required.”

Torres suggested that the council needs to revisit those requirements.

Petrick was adamant when he said, “We need to hire people who live, work, and eat here for those high paid positions. We need to hire city residents first.” He then referenced R-471 – Appointment of Andrea N. Mazzula-Adames as Assistant Municipal Prosecutor and waiving the residency requirement. “What happened to the Prosecutor that we hired less than a year ago?”

Greene said, “She has left, and this will fill that opening.”

Petrick said, “There should have been an outreach at that time.”

Tejeda spoke up, “This person who just left goes to my church and she wasn’t sure that she was going to be leaving or not.”

Petrick responded, “I heard there was a deal made for her to stay a little longer. Being a judge is a status and why are we reluctant to hire inside people?”

Pabon said, “They have to be recommended by someone in the court.”

Tejeda asked if there were any interviews held.

Greene responded, “For the Assistant Prosecutor, there was, for the judge position, I don’t know. The Municipal Prosecutor and myself sat down with the candidates for the Assistant Prosecutor position.”

For R-473 – Grant money for improvements for the water quality. Greene said, “These grants will follow infrastructural practices and it is based on recommendations for Rutgers University.”

Torres said, “We need to have Directors come to the meeting. Tashi Vazquez has said that none of this money will be used the staff or administrative fees. There are parameters to use funds for.”

Greene then talked about R-474 – Grant money from the U.S. Department of Transportation for bridge projects in the amount of $8,258,864.53.

Greene said, “This will include the Fayette Street Bridge. Our matching funds will equal 20% of that total and we are need of $127 million for water infrastructure improvements. $4 million from the American Rescue Funds will be used for water meters and a new water building and access to broadband.

Torres spoke up and said, “With all of our infrastructure needs, we should not give money to any houses of worship.”

City Engineer Ernest Feist spoke up via Zoom, “This was the anticipated cost as of two weeks ago.”

Tashi Vazquez spoke via Zoom and asked that R-475 (Approving the Affordability Assistance Policies and Procedures Manuel for the City of Perth Amboy be removed from the agenda. She stated that it needs Fair Share Approval and need to be looked at from the State of New Jersey regarding the Affordable Plan). R-476 was also removed (Equipment for the Fire Department).

Councilman Torres spoke about R-478 – An application to Middlesex County through the Office of Art and History for the 2023 General Operating and Support Grant Program. “There are no documents attached (that we need before we approve).”

B.A. Greene replied, “We apply for this every year through the New Jersey Waterfront Festival. It is to hire vendors and performers.”

Torres continued, “This takes place on a holiday weekend, and it went from an Arts Festival to a Community event and once we say “Yes” it is out of our hands.”

Petrick suggested the council tabled this. “We should get more information before the next meeting”.

Torres continued, “We need all the expenditures, the preparation, the timeline, the number of people involved, what sort of venue, and the actual plan. What is the plan for the amphitheater? And who gave us the name, “The Bay City”? Are we ashamed of our city? We are Perth Amboy. What is going on with the planning of our city?”

Petrick finished the conversation, “This goes back to Annie Hindenlang and that piece of junk they call the amphitheater.”
Public Portion: (In-Person)

Resident Maria Garcia spoke first in-person. She referenced R-477 – Contract with Queues Enforth Development for software maintenance for the Police and Fire Department computer systems for the period of July 1, 2022, to June 30, 2023, in the amount of $45,070. She also referenced Ordinance No. 2. – American Rescue Funds for the replacement of Engine No.3 for the Fire Department. She needed know what exactly is included in those two items.

“As far as R-469 (Giving monies to nonprofit and houses of worship), we need that money to fix the infrastructure. I appreciate what the houses of worship do, but we have other departments that help the community with different needs. We need grants for our homeowners because we don’t know about the future. Inflation keeps going up on everything. Homeowners who are renting out their properties have costs going up, and we need a plan to benefit all.”

The next person to speak in person was Samantha Castro from the Citizen’s Advisory Committee who referenced Ordinance No.3. – Using American Rescue Plan Act Funds to provide for the acquisition of technology equipment in and by the City of Perth Amboy. “This needs to be researched by the Citizen Safety Committee. Surveillance will be detrimental to some in society. This will be a threat to civil liberties. Its evidence based, and how will the evidence be stored and for how long? How will this support small businesses?”

Resident Vince Mackiel came up to speak about R-469. “Speaking for myself, there are 13,000 rental units in Perth Amboy. Those people will need that money, and the Salvation Army could use some of that money. People also have loans that they need assistance with.”

The next person to speak in-person was Assistant Prosecutor Mark Cintron, “I am not a resident, and I was appointed by the prior administration and by the council. You may be prejudice by living here and an outsider may be able to see something that you may be prejudice against. I am asking that you keep an open mind. The person that is on the agenda to be appointed as a Municipal Judge knows the community and has filled in after Judge Boyd’s retirement. We have two judges who live here who may have conflict of interest. I have the pleasure of working with Judge Pastor, and you should interview him yourself. There are not many people who want to work here because of conflict.”

Police Chief Larry Cattano came up to address statements made by Samantha Castro. After looking at the fact sheet that Castro read from, he said, “90% of what is that sheet which I was given from her, we are not doing.” He said, “The operating expense of that ordinance would be $40,000.”
Zoom Participants:

Resident Sharon Hubberman wondered why there were changes to the Rent Control Ordinance. “Of seven members on the board, two are tenants. We looked at the demographics and the original ordinance from 39 years ago before we brought changes to the ordinance before the council. We looked at COLA (cost of living adjustments) and the 5% increase. Hardships are taken into consideration. We can have hearings to address issues. We have been very active. You can contact human resources and talk to Dianne Roman. The state of New Jersey requires tenant registration, which is mandatory for all landlords. Multi-family units must be registered by the county. The current inflation rate is 8%.”

Eddie Trujillo, Jr. spoke next. “I am a landlord and I’m hurt when we are classified with predatory landlords. I am friends with a lot of landlords – big and small. We pay our bills and taxes. A lot of out-of-town landlords are doing things illegally. A lot of us will make payment plans to work with the tenants. Let’s compare apples to apples and we have to address illegal issues. We all should have our right to speak, and we have not been asked for our input. This being rushed and all sides should be heard.”

Resident Caroline Pozycki-Torres spoke next, “We need public hearings on American Rescue Plan Funds money. We are creating a huge bureaucracy. It’s weak leadership and the police have not reached out to the community. The Police Chief was dismissive of the person who spoke about policing. What relief is there for those hard hit by Covid? This is totally pathetic.”

The last person to speak via Zoom was Resident Maria Vera, “I am very distressed by these American Rescue Funds Money. We need our city to be fixed, and the churches pay no taxes. The Greek Church did their own fundraising. Stop throwing our money out the window. We have thirty attorneys in the city, but we need experienced people to fill these positions (in our courts). We can’t live in this town the way it is.”

After the public portion was closed, the Council went into closed session at 9:44 p.m. with no further action taken. The meeting lasted 4 hours, 14 minutes. Councilwoman Rose Morales participated via Zoom.

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